Hello, everybody. I'm Jesse Waters, along with Judge Janine Piro, Jessica Tar-Lav,

Dana Perino, and Joey Jones.

It's 5 o'clock in New York City, and this is the 5.

Daniel Penny, breaking his silence in an exclusive interview with Judge Janine Piro.

That's going to be streaming tomorrow on Fox Nation.

Just one day after a jury in Manhattan cleared him in the subway chokehold death of Jordan Neely.

The former Marine revealing what was racing through his mind in the moments when he was on the subway floor, subduing Neely, a schizophrenic homeless man who was high on K2 and railing violently at passengers.

He was just threatening to kill people. He was threatening to go to jail forever, go to jail for the rest of his life.

And now where I'm on the ground with him, I'm on my back in a very vulnerable position.

If I just would have let him go, now he turns.

Why is that a vulnerable position?

Well, if I just let him go, I'm on my back now, he can just turn around and start doing what he said to me.

Killing.

Killing, hurting.

The former Marine enduring years of vicious left-wing attacks who vilified him as a racist.

But Penny has no regrets, and here's why.

What in you caused you to want to get involved?

I mean, I'm not a confrontational person.

I don't really extend myself.

I think this type of thing is very uncomfortable.

All this attention in limelight is very uncomfortable.

And I would prefer without it.

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